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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Equality and Non-Discrimination
- English
(1) In this section, discrimination refers to the treatment of different people in different ways wholly or mainly because of their different —
(a) races; or
(b) places of origin; or
(c) political opinions; or
(d) colours; or
(e) religious beliefs or lack of religious beliefs, or
(f) disability; or
(g) sex
in such a way that one such person is for some such reason given more favourable treatment or less favourable treatment than another such person.
(2) Subject to the provisions of this Part, and in particular to —
(a) the succeeding provisions of this section; and
(b) section 29 (Protection of Tuvaluan values, etc.); and
(c) section 31 (disciplined forces of Tuvalu); and
(d) section 32 (foreign disciplined forces); and
(e) section 33 (hostile disciplined forces); and
(f) section 36 (restrictions on certain rights and freedoms during public emergencies),
no-one shall be treated in a discriminatory manner.
(3) Subsection (2) does not apply to a law so far as it makes provision —
…
(d) in respect of-
(i) adoption: or
(ii) marriage; or
(iii) divorce; or
(iv) burial; or
(v) any other such matter, in accordance with the personal law, beliefs or customs of any person or group; or
(e) in relation to land; or
(f) by which any person or group may be given favourable treatment or unfavourable treatment which, having regard to the nature of the treatment and to any special circumstances of the person or group, is reasonably justifiable in a democratic society having a proper respect for human rights and dignity.
(4) Nothing in a law shall be considered to be inconsistent with subsection (2) to the extent that it makes provision for —
(a) standards or qualifications (not specifically related to any matter referred to in subsection (1)(a)-(e)) for appointment to any office or position in -
(i) a State Service; or
(ii) a disciplined force; or
(iii) the service of a local government or authority; or
(iv) a body corporate established by law for a public purpose, or the service of such a body; or
(b) localization within the meaning of section 142 (localization).
(5) Subsection (2) does not affect the exercise of any discretion relating to the institution, conduct or discontinuance in a court of any proceedings that is vested in any person or authority by or under this Constitution or any other law.
(6) Nothing in or done under a law shall be considered to be inconsistent with subsection (2) to the extent that the law provides that any person may be subjected to any restriction on the rights and freedoms guaranteed by —
(a) section 21 (privacy of home and property); and
(b) section 23 (freedom of belief); and
(c) section 24 (freedom of expression); and
(d) section 25 (freedom of assembly and association); and
(e) section 26 (freedom of movement); and
(f) section 28 (other rights and freedoms),
to the extent authorized by that section.
(7) Subject to section 12(2) (which relates to harsh, oppressive or otherwise unlawful acts) and 15 (definition of “reasonably justifiable in a democratic society”) and to any other law, no act that —
(a) is in accordance with Tuvaluan custom; and
(b) is reasonable in the circumstances,
shall be considered to be inconsistent with subsection (2).
(8) Nothing in or done under a law shall be considered to be inconsistent with subsection (2)-
(a) if the law was in force in Tuvalu immediately before the date on which this Constitution took effect; or
(b) to the extent that the law repeals and re-enacts any provision that has been contained in a law in force in Tuvalu at all times since that date. (Sec. 27)
Equality and Non-Discrimination
- English(1) The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them—
(a) applies or interprets this Constitution;
(b) enacts, applies or interprets any law; or
(c) makes or implements public policy decisions.
(2) The national values and principles of governance include—
…
(b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
… (Art. 10) - Swahili(1) Tunu za kitaifa na kanuni za utawala katika Kifungu hiki huvifunga vyombo vyote vya Serikali, maafisa wa Serikali, watumishi wa umma na watu wote wakati wowote pale ambapo yeyote kati ya hao-
(a) anatumia au kufafanua Katiba hii;
(b) anatunga, anatumia au anafafanua sheria yoyote; au
(c) anafanya au kutekeleza maamuzi ya sera ya umma.
(2) Tunu za kitaifa na kanuni za utawala ni pamoja na—
…
(b) utu wa binadamu, haki, haki ya kijamii, umoja, usawa, haki za binadamu, kutokuwa na ubaguzi na ulinzi kwa waliotengwa na jamii;
… (Kifungu cha 10)
Equality and Non-Discrimination
- EnglishWHEREAS the People of Dominica—
(a) have affirmed that the Commonwealth of Dominica is founded upon principles that acknowledge the supremacy of God, faith in fundamental human rights and freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person, and the equal and inalienable rights with which all members of the human family are endowed by their Creator;
… (Preamble)
Equality and Non-Discrimination
- English...
2. The Constitution recognizes the principles of equality, hierarchy, publicity of the judicial rules, non-retroactivity of the rules restricting individual rights or those that are unfavourable in their effect or sanction, juridical security, accountability of public institutions and prohibition of any kind of arbitrariness.
... (Art. 3) - Catalan...
2. La Constitució garanteix els principis de legalitat, de jerarquia, de publicitat de les normes jurídiques, de no retroactivitat de les disposicions restrictives de drets individuals o que comportin un efecte o estableixin una sanció desfavorables, de seguretat jurídica, de responsabilitat dels poders públics i d'interdicció de tota arbitrarietat.
... (Art. 3)
Equality and Non-Discrimination
- English
Each Beninese has the duty of respect for and consideration of his fellow [man] without any discrimination and of maintaining with others relations that permit the safeguarding, the reinforcing, and the promotion of reciprocal respect, dialogue and tolerance with a view to peace and to national cohesion. (Art. 36)
- French
Chaque béninois a le devoir de respecter et de considérer son semblable sans discrimination aucune et d'entretenir avec les autres des relations qui permettent de sauvegarder, de renforcer et de promouvoir le respect, le dialogue et la tolérance réciproque en vue de la paix et de la cohésion nationale. (Art. 36)
Equality and Non-Discrimination
- EnglishThe State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals—
a. Gender Equality
To obtain gender equality through—
i. full participation of women in all spheres of Malawian society on the basis of equal opportunities with men;
ii. the implementation of the principles of nondiscrimination and such other measures as may be required; and
iii. the implementation of policies to address social issues such as domestic violence, security of the person, lack of maternity benefits, economic exploitation and rights to property.
… (Sec. 13)
Equality and Non-Discrimination
- English(1) Subject to the provisions of subsections of subsections (4),(5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(3) In this section, the expression “discriminatory” means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
…
(c) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to or to act in any office in the public service. Any office in a disciplined force, any office in the service of a local government authority or in any office in a body corporate established by law for public purposes.
(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (4) or subsection (5) of this section.
(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 7, 9, 10, 11 and 12 of this Constitution, being such a restriction as is authorised by section 7(2), section 9(5), section 10(2), section 11(2) or paragraph (a), (b) or (h) of section 12(3), as the case may be.
(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law. (Sec. 13)
Equality and Non-Discrimination
- EnglishThe Supreme Court of the Republic of Croatia, as the highest court of law, shall ensure the uniform application of laws and equality of all before the law.
… (Art. 116) - CroatianVrhovni sud Republike Hrvatske, kao najviši sud, osigurava jedinstvenu primjenu prava i ravnopravnost svih u njegovoj primjeni.
… (Članak 116)
Equality and Non-Discrimination
- EnglishEvery individual shall have the duty to respect and show consideration for his or her peers, without any discrimination whatsoever, and to maintain with them relations that permit the promotion, safeguard and the strengthening of mutual respect and tolerance. (Art. 84)
- PortugueseTodo o indivíduo tem o dever de respeitar e considerar os seus semelhantes, sem discriminação de espécie alguma, e de manter com eles relações que permitam promover, salvaguardar e reforçar o respeito e a tolerância recíprocas. (Art. 84)
Equality and Non-Discrimination
- EnglishAll acts intended to undermine national unity, to disturb social harmony or to create divisions or situations of privilege or discrimination based on colour, race, sex, ethnic origin, place of birth, religion, level of education, social position, physical or mental ability, the marital status of one’s parents, profession or political preference, shall be punished in terms of the law. (Art. 39)
- PortugueseTodos os actos visando atentar contra a unidade nacional, prejudicar a harmonia social, criar divisionismo, situações de privilégio ou discriminação com base na cor, raça, sexo, origem étnica, lugar de nascimento, religião, grau de instrução, posição social, condição física ou mental, estado civil dos pais, profissão ou opção política, são punidos nos termos da lei. (Art. 39)